Bateau Bay Square: Teens Zac Fitzsimmons and Tallis Bor avoid convictions over brawl
Two teenagers have been sentenced after pleading guilty to being involved in a “very scary” brawl in front of terrified customers during late night shopping.
Central Coast
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Two teens, including one who was armed with a hammer, have avoided convictions over a wild brawl at a busy Central Coast shopping centre.
Zac Fitzsimmons, 18, of Killarney Vale, and Tallis Bor, 19, appeared at Wyong Local Court on Wednesday, where they were both sentenced to community release orders (CRO) without proceeding to a conviction.
It comes after the court heard Fitzsimmons was armed with a claw hammer “just in case something happened” but never intended to actually use the tool as a weapon.
Fitzsimmons pleaded guilty to affray and being armed with intent to commit an indictable offence while his co-accused Bor initially pleaded not guilty to one count of affray but changed his plea to guilty after seeing the full extent of the police evidence against him.
An agreed set of facts states Fitzsimmons and Bor were at the Bateau Bay Square shopping centre shortly before 7pm on July 11 with several other young men from two distinct groups.
Fitzsimmons is captured on CCTV footage wearing a grey hooded jumper, with “Nautica” printed on the front, dark-coloured shorts and runners.
The facts state the two groups briefly exchanged words in the food court in front of about 60-80 customers before an all-in brawl allegedly broke out.
“At the commencement of the brawl the accused pulls a hammer from the front pocket of his jumper, holding it in his right hand,” the facts state.
“For the next 60 seconds the accused proceeds to run around holding the hammer, involving himself in the fight, but does not use the hammer to strike any person. At the conclusion of the brawl, the accused runs through the shopping centre, discarding the hammer.”
Fitzsimmons was arrested 11 days later and was taken to Wyong Police Station.
His lawyer David Spencer told the court Fitzsimmons was studying to become a youth worker and, while he agreed he had the hammer “just in case something happened”, he never intended to use it.
“He agrees he was stupid. He agrees he lacked judgement,” Mr Spencer said.
Magistrate Robert Munro sentenced him to a two-year CRO but wanted to give him “one chance” and did not record a conviction.
Similarly Mr Munro sentenced Bor to an 18-month CRO without conviction after finding his role in the wild brawl was somewhat less than Fitzsimmons.
“It was a very public place,” Mr Munro said.
“It would have been very scary for everyone who was at the shopping centre that day.”
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